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Plant Protection Law

Original Language Title: Augu aizsardzības likums

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The Saeima has adopted and the President promulgated the following laws: the plant protection law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) plant-life plants, fruit (in a botanical sense) and, except in the case of frozen vegetables, tubers, bulbs, rhizomes, corms, cut flowers, branches with leaves, cut off the trees with leaves, meristēm culture and seeds;
2) plant products-products of plant origin, unprocessed or simply prepared (minced, dried or pressed);
3) plant protection products-biological or chemical (pesticides) features designed to combat harmful organisms or reduce its negative impact, affecting plant life processes (with the exception of the feeding of the plant), a plant protection product, the unwanted plants, parts of plants, the destruction and unwanted plant growth control and inhibition;
4) plant protection measures-human effects on harmful organisms or plant physiological dysfunctions agents to protect plants;
5) active substances-substances or micro-organisms to General or specific effects on harmful organisms, as well as to plants or plant products;
6) genetically modified organisms-organisms whose genetic material has been altered otherwise than by communing in the natural or rekombinējot (in so far as they relate to plant health);
7) harmful organisms-plants and plant products harmful to the animal or plant organisms, viruses, mycoplasmas and other pathogens;
8)-chemical pesticide residues of plant protection products in the use of plants, plant products or the environment and to find active substances (one or more), their metabolites, and breakdown or reaction products.
 
2. article. The purpose of the law this law aims to regulate physical and legal persons in the field of plant protection, to prevent the introduction of harmful organisms the introduction and spread of the national territory, as well as getting plant protection and plant protection products would not have adverse effects on human health, animals and the environment, to prevent the accumulation of pesticide residues in products produced in soil and water above my norm.
 
3. article. (1) plant protection plant protection is the legal, technical, organizational and practical set of measures to be taken to explore plants and competing organisms harmful biological and ecological factors, determine and implement this restriction and the spread of the organism.
(2) plant protection in a country familiar with the Ministry of agriculture.
Chapter II competence of national institutions in the field of plant protection article 4. National plant protection services and tasks (1) State supervision in the field of plant protection organises and carries out the national plant protection service. This service is under the supervision of the Ministry of agriculture existing State authority, which has legal personality and with the complement of the Republic of Latvia in the small coat of arms image.
(2) the national plant protection service is headed by a Director. After the Minister of Agriculture of Directors recommended approval of the nomination of the Cabinet of Ministers is appointed and released from Office by the Minister of agriculture. Control functions carried out on plant protection inspector i, which shall be appointed and removed from Office by the national plant protection services Director.
(3) national plant protection services is timely detecting the emergence of harmful organisms, to predict their development, identify plant quarantine measures in specific cases and places, as well as to promote plant health measures the extent to eliminate or limit the spread of the harmful organism and to minimise negative impacts.
(4) national plant protection services in the performance of their tasks: 1) sort of plant protection products in the registry and provides the evaluation, registration and re-registering;
2) establish and maintain a register of persons dealing with the subject for plant control plant breeding, plant and plant product processing, storage, trade, import and export of goods;
3) issue a phytosanitary documents proving the plants and plant products in conformity with the laws and requirements, including phytosanitary certificates for plants and plant products for export and re-export;
4) carried out under the supervision and control over the movement of plant protection products;
5) provides information on plant inspection, land users (owners) about the emergence of harmful organisms and spread, as well as to plant-health measures;
6) take control and established a plant phytosanitary measures;
7) lays down exceptions to those plants, plant products and harmful organisms for scientific, research or work on varietal selections;
8) determines the order in which to harmful organisms, genetically modified organisms and plant protection research and trials with them;
9) plant quarantine organisms risk analysis.
(5) national plant protection service inspectors of plant protection for the supervision of the attending persons who work in the field of plant protection, and regardless of their subordination, type and nature of business within their competence instruct plant protection issues, as well as draw up a protocol of administrative offences and impose penalties.
(6) national plant protection services officers are responsible for the decisions and actions taken in compliance with the laws and regulations and shall not disclose business secrets which become known to them in the performance of their duties.
(7) national plant protection services collects and disseminates technical information about harmful organisms, develop recommendations for their control and eradication measures, as well as the exchange of information between States in the field of plant protection.
 
5. article. Competence of the Cabinet of Ministers, the Cabinet of Ministers issued the plant protection area: 1) provisions on plant quarantine, plant growers, regulating plants, plant products, processors, traders, importer, storers and exporter registration, phytosanitary control procedures and measures, the health service and the establishment of protected areas, the plant quarantine approved a list of organisms, plants, plant products and contact with them in the list of subjects, the importation of which is prohibited or subject to specific rules as well as for plant-health control or subject to border control of the plants, plant products and related materials list;
2) rules on the registration of plant protection products;

3) provisions concerning propagating material in determining its eligibility criteria and circulation procedures;
4) rules concerning the control of pesticide residues by setting the maximum levels of pesticide residues in products and their control procedures;
5) rules on the distribution of plant protection products, storage and use, establishing trading sites, izvirzāmo obligations and rights of individuals, as well as the movement of plant protection products and procedures and controls;
6) prohibited uses of plant protection products in the list.
 
6. article. The Minister of Agriculture of Agriculture Minister competence in the field of plant protection performs the following tasks: 1) confirms the service instructions for the specific plant quarantine and plant protection measures, as well as the order in which the question of the distribution of plant protection products on special permission (license);
2) approved by the health service, plant protection products and the registration of persons with phytosanitary control and phytosanitary measures related to billing services and price list, which shall enter into force after its publication in the newspaper "Gazette";
3) plant quarantine organisms spreading risk in the case of the plants and plant products and the move may be prohibitions and restrictions for a period of up to three months, and shall publish them in the Gazette "journal".
Chapter III, plant protection products and measures article 7. Plant protection products (1), may be imported into Latvia to distribute and use only plant protection products entered in the register of plant protection products. This procedure does not apply to plant protection products intended for export: 1) or customs controls as foreign goods;
2) for use as cut ornamental plant growth regulators;
3) wood antiseptic treatment.
(2) the registered plant protection products by the national plant protection service allows you to import and use: 1) studies and trials;
2) If is at risk of specific harmful organisms, something you can not do with the registered plant protection products.
(3) plant protection products are divided into three classes of registration: 1) first class – plant protection products that are used in plant protection specialist;
second class-2) plant protection products that may be used for persons who have received a certificate for the plant protection knowledge minimum;
third class-3) plant protection products that may be used for all parties.
(4) seeds and substrate, containing plant protection products or on which they caught up, may be imported and, if these funds are registered, or if the active substance or its effects one of the registered plant protection products. The plant protection product or the active substance the name point to the seed, and the substrate packaging.
(5) national plant protection service enables all stakeholders to get information about the register of plant protection products and the products contained within it, as well as a yearly issue of plant protection products registered in the list.
 
8. article. The distribution of plant protection products (1), to import and distribute plant protection products may be undertakings (companies), which received the Ministry of agriculture issued a special permit (license).
(2) plant protection products may be imported into and distributed in the original packaging with the manufacturer on the labelling, in the Latvian language, which contains the name of the plant protection product, registration number and class, the form and the preparatory action, the name of the active substance and its concentration in a preparation, the name of the manufacturer, manufacturing data and expiry date, m hazardous characteristics, usage instructions, instructions on first aid and the provision of other information approved When recording this feature.
(3) it is not permitted to distribute plant protection products whose quality does not meet the conditions for registration. If you have any doubts or suspicions, State plant protection service inspectors can be taken of the undertakings (companies) of the plant protection product samples and send them for quality control. If the plant protection products not complying with the legal requirements or the conditions for the registration of plant protection products in the sampling and quality control of the expenses borne by the company (the company), which distributes the appropriate plant protection products; If the plant protection product meets the requirements, expenses are covered from the national plant protection service.
(4) national plant protection service inspectors may prohibit the distribution of plant protection products and use, where it is established that they are of poor quality or do not meet the requirements of this Act, but if in doubt about their quality,-stop this distribution to the final quality. In this case, an acceptable decision not later than 30 days from the date of suspension of the distribution.
(5) the plant protection products, which expired, be distributed if the sample comply with the conditions of registration and is the State plant protection service of the decision. Samples are taken, through the national plant protection services of the Inspector within 30 days after receipt of the analysis laboratories accredited to decide on further action with the following features. With the sample analysis related costs shall be borne by the undertakings (companies), which distributes those plant protection products.
(6) the undertakings (companies) that are imported or distributed by plant protection products, ensure their movement and records set by the Cabinet of Ministers, and each year up to April 1, submitted to the national plant protection services information for the previous calendar year, indicating that the plant protection products and the quantities disposed of their users.
(7) a registered plant protection products must not advertise. Advertising and consulting the information provided for the plant protection products should not be in contradiction with the plant protection product, the information contained in the register.
 
9. article. Of the plant protection product storage (1) undertakings (companies), referred to in this law article 8, first paragraph provides: 1) of the plant protection product storage in the original package and in the circumstances specified in the label, and some of the other products and substances that may affect the characteristics of the plant protection product;

2) storing plant protection products separately, which expired or whose quality does not meet the conditions for registration.
(2) in the first subparagraph the following plant protection product storage places sliding down the technical requirements, the Cabinet of Ministers.
(3) persons who acquired plant protection products are responsible for the storage, lockable children and animals not accessible places, separate from food and feed.
 
10. article. Use of plant protection products (1) plant protection products personal use only in accordance with the instructions referred to on the label as well as carrying out other plant protection measures and limit the emergence of harmful organisms and spread.
(2) the first and second class for registration of plant protection products may be used by persons who are certified and have received a licence to buy and use of plant protection products. This person provides the use of plant protection products accounting for the Cabinet.
(3) national plant protection services organizes training for plant protection measures in the plant protection issues the required minimum amount of knowledge, and shall issue a certificate attesting that the persons entitled to purchase and use to combat harmful organisms necessary for plant protection products.
(4) a Person for State plant protection service of the request, provide information on the occurrence of the harmful organism, and the measures taken to combat it and used herbal remedies.
(5) use bad chemical plant protection products disposed of in accordance with the law "on hazardous waste". The following costs shall be borne by the invalid chemical plant protection products.
(6) use of plant protection products from the aircraft only after coordination with the national plant protection service and the relevant regional environmental governance.
 
11. article. Plant protection machines Allowed to operate a plant protection machines that meet the national standards, the technical requirements of the regulations and operational rules, without endangering human health and life, as well as ensuring the protection of the environment.
Chapter IV quarantine of plants and measures article 12. Plant quarantine (1) or phytosanitary quarantine of plants is a country organized set of measures to be taken to ensure the protection of the plants, not allowing to import and distribute the plant quarantine organisms and other plants particularly dangerous organisms, which do not occur or are limited to common and phytosanitary measures are applicable.
(2) national plant protection services of the health control or carry out monitoring of this control is carried out to find out the plants, plant products and contact with them in compliance with the subject of the phytosanitary standards and, if necessary, establish phytosanitary measures to prevent the introduction of plant quarantine, introduction and spread.
(3) If a plant quarantine organisms spreading, State plant protection service can propose to plants and plant products, and to transfer certain prohibitions and restrictions for a period of up to three months.
 
13. article. (1) registration of persons dealing with Person for plant-health control exposed the growing plants, plants and plant products, storage, processing, marketing, import and export movements within the country, register with the State plant protection service.
(2) the registered person is obliged: 1) store with plants and plant products and related documentation upon request to produce what the national plant protection service inspectors;
2 for plant quarantine organisms), or other unknown organism occurrence to immediately inform the State plant protection service;
3) to comply with the laws and regulations regarding the requirements for plant-health control subject of the plants, plant products and contact with them come this movement of objects;
4) enable State plant protection service inspectors access to property, which are grown or stored in the plants, plant products and items in the face, and control the phytosanitary measures.
(3) national plant protection service at least once a year, as the control of the person established in the laws and comply with the requirements laid down in respect for plant-health control subject of the plants, plant products and contact with them came the movement of objects.
 
14. article. Plants and plant products (1) country banned to import plant quarantine organisms, as well as plants, plant products and related items, contact firms if they do not comply with the phytosanitary standards, as well as if there are no relevant documents.
(2) a Person dealing with the subject for plant-health control of the plants, plant products and import items in contact, ensures conditions for carrying out plant-health control.
(3) across the customs border subject to import controls for plant of the plants, plant products and clearance items in contact can be completed only by the phytosanitary control.
(4) in certain cases State plant protection service can expose for plant-health control also other plants, plant products and contact objects, if there are firms high plant quarantine organisms into risk.
(5) if the phytosanitary control results found for plants, plant products and contact with them in the subject matter of non-compliance with the phytosanitary standards, they take one of the following steps: 1) shall be returned to the State in question;
2) destroyed the national plant protection service in the order;
3) placed under customs control until the importer makes the State plant protection service in certain phytosanitary measures.
(6) in the fifth paragraph of this article, the measures referred to in the control state plant protection service. This activity costs cover the plants, plant products and contact with them came an importer.
(7) the Cabinet set entering in plant-propagating material control there is a storage or production sites. Such propagating material permitted to distribute or move only after the State plant protection service made a decision about its compliance with regulatory requirements.
 
15. article. Plants and plant products in transit

(1) where the plants, plant products and contact with them in the subject goods being moved in transit through the national territory, this cargo not dividing, without repacking, storage and not ensuring that an opportunity to infect the country or the territory infected by plant quarantine organisms, the goods are not subject to plant-health control.
(2) a phytosanitary control is carried out, if there is a reasonable suspicion that the transiting through infected plant quarantine organisms and their distribution is possible, and if this article is not complied with the provisions of the first subparagraph.
 
16. article. Plants and plant products for export (export) and re-exports (re-exports) (1) the Export and re-exportation to plants, plant products and contact objects in the requested State must comply with the phytosanitary regulations.
(2) a Person dealing with the plants, plant products and contact with them came the export and re-export of items, at least 48 hours before sending goods to inform the preparation of the national plant protection services of the phytosanitary control.
(3) the phytosanitary monitoring State plant protection service of the phytosanitary certificate issued for export or re-export phytosanitary certificates when plants, plant products or objects in contact with the cargo corresponds to the country of destination or transit country phytosanitary regulations.
(4) it is Prohibited to export plants, plant products and objects without contact firms phytosanitary documents if their necessity provides the requested State phytosanitary regulations.
 
Article 17. Plants and plant products for domestic movement (1) prohibited to distribute, and move the plants, plant products and contact items, which firms infected by plant quarantine organisms, as well as plants and plant products which do not comply with the phytosanitary standards.
(2) State plant protection service of plants and plant products and, on the basis of the test results obtained determine the protected areas where suitable conditions of existence are not invaded and penetrated one or more harmful organisms and provided that there is a danger that they favoured the ecological conditions of one or more harmful organisms can be introduced and spread, as well as plants, plant products and contact with them came the order of movement of objects in these areas. List of protected areas and the plants, plant products and the movement of objects in the face of these areas shall be published in the newspaper "journal".
(3) the national plant protection service augaugļ, ornamental crops and vegetable propagating material certification and issue documents of compliance.
(4) If a plant quarantine organisms detected the presence of the person by the national plant protection services of the Inspector's instructions making the plants and plant products, plants, plant products and contact with them in the articles or disinfection and disinsectisation adhere to plants and plant products that limits.
(5) the plant quarantine organisms and other harmful organism and reproduction of storage, as well as activities related to the genetic modification of organisms may be performed only for research or diagnosis of phytosanitary purposes after prior coordination with the national plant protection service.
(6) the harmful organism mass distribution (epifitotij) in the case of plant protection measures shall be taken in accordance with the Civil protection law.
 
18. article. Control and monitoring over the plants and plant products (1) are subject to the control of the Health of the plants, plant products and the movement of objects in contact are monitored and controlled by the national plant protection service. The plants, plant products and contact with them came the control of the subject on the State border, the Cabinet of Ministers may establish other institutions which comply with the national plant protection service instructions the control plant.
(2) a plant and plant products, the supervision and control of the national plant protection service inspectors: 1) check the plants and plant products in warehouses, vehicles and production facilities, as well as the land regardless of the type of occupancy, property forms, and other circumstances of the year;
2) without paying remuneration to persons having plants and plant products, the growing medium, the marketing of seed and propagating material samples for analysis in accordance with the national plant protection service Director-approved methodological instructions;
3) instructs people to make plants and plant products, plants, plant products and related materials, pest control and disinfection, if found in the plant quarantine organisms, as well as instructs to use certain plant protection products, devices and techniques for plant-health control and establishing the subject of plant growing and harvesting procedures, control of these measures;
4) prohibit certain seed sowing, planting and cultivation of plants, contaminated with harmful organisms the use of soils, temporarily or permanently, infected seed or propagating material, the use of plants or plant products in transportation and marketing, as well as the laws and requirements of the inappropriate movement of genetically modified organisms;
5) prohibit or impose restrictions on plants, plant products and contact items for importing firms for export and domestic movement, if found non-compliance with legislative or regulatory requirements;
6) if violated specific phytosanitary measures and there are plant quarantine organisms, the necessary phytosanitary measures shall be carried out forcibly. With these measures, the costs shall be borne by the offender.
Chapter v cooperation in plant protection article 19. Cooperation in plant protection (1) the scientific research institutions after consulting the national plant protection services in conducting research on harmful organisms and plant protection measures to limit the spread.
(2) the police, State and local government bodies by the national plant protection service provides assistance at the request of the statutory requirements.
Chapter VI liability for non-compliance with the law in article 20. Responsibility for non-observance of the law (1) For violation of this law, the perpetrators held to account under the procedures laid down by law.

(2) on the lack of action, negligence of the plant protection product use, not a qualitative distribution of plant protection products, plant quarantine organisms of plants and plant products, as a result of deliberate dissemination of plant growers suffered losses or additional expenses, the convicted persons are liable under civil law.
(3) in the first and second part of this responsibility does not exempt a person from the national plant protection services of the health measures.
(4) national plant protection service decisions are subject to judicial review in accordance with the procedure prescribed by law.
Transitional provisions 1. State plant protection service is the national plant protection stations accepting the rights and obligations.
2. by this Act to the date of entry into force of the special permissions (licenses) of the plant protection product to trade shall be in force until the date specified in them.
3. Before the date of entry into force of the law to a registered plant protection products remain a specified duration and conditions of registration.
4. plant protection products users and consultants issued certificate for the right to purchase and use of plant protection products or provide advice in particular are valid until the expiry date.
5. With the entry into force of this Act shall terminate on 5 October 1994, the plant protection Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, no. 22).
The Parliament adopted the law of 17 December 1998.
 
The President g. Ulmanis in Riga 1998 December 30.